READING – A company seeking to construct and operate a natural gas-fired electricity generation facility in Pennsylvania alleges it is entitled to recovery costs associated with a former military site.
Birdsboro Power LLC filed a complaint on Nov. 21 in the U.S. District Court for the Eastern District of Pennsylvania against the United States of America, The United States Department of the Navy and the United States Department of the Army citing the Comprehensive Environmental Response, Compensation and Liability Act.
According to the complaint, the plaintiff purchased a site in Berks County in 2016 for redevelopment that was used by the defendants during World War II and the Korean War to produce steel castings. The plaintiff alleges that it has expended significant costs to address hazardous substances released at the site as a result of the defendants' use.
The plaintiff alleges that under CERCLA, it is entitled to cost recovery from the defendants.
The plaintiff seeks hold the defendants liable for all response costs the plaintiff has incurred and order them to pay such amounts to the plaintiff, hold the defendants liable, court costs, interest and any further relief the court grants. It is represented by John McGahren, Duke McCall III, Harvey Bartle and Mark A. Fiore of Morgan, Lewis & Bockius LLP in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 5:17-cv-05245-JLS